ABNASH CHANDER CHADHA Vs. BALBIR KUMAR CHADHA

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India, 1950 for setting aside the impugned order dtd. 9/8/2019 passed by the learned Additional District Judge-04, Patiala House Courts, New Delhi (hereinafter referred to as 'Trial Court') in CS (OS) No. 59427/2016 titled as 'Shri Abnash Chander Chadha vs. Shri Balbir Kumar Chadha and Anr' wherein the learned Trial Court dismissed the application filed by the petitioner under Order XVIII Rule 3 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') seeking permission to lead evidence in rebuttal of the evidence led by the respondents.

(2.) For the purpose of adjudication of the present petition, the relevant facts are that Mr. Abnash Chander Chadha/petitioner herein, Mr. Balbir Kumar Chadha/respondent no. 1 herein and Mr. Ashwani Kumar Chadha/respondent no. 2 herein are the legal heirs of Late Mr. Prakash Chander Chadha and Late Mrs. Prakash Devi Chadha.

(3.) During their lifetime, the parents of the parties had acquired several properties i.e. i) A property located at B-98, Naraina Vihar, New Delhi; ii) A property bearing no. 50545-50546, situated in Chaman Ganj, Roshanara Road, Sabzi Mandi, Delhi; iii) A residence at Bhola Nath Bazar, Uppar, Pacca Danga, Jammu Tawi, J&K; iv) Two shops at Panthirithi Chowk, Jammu, J&K and an additional shop at Moti Bazaar Chowk, Pacca Danga, Jammu, J&K (hereinafter referred to as 'suit properties'). The suit properties mentioned above are in dispute in the present case.